Meetings
 
Agenda Item
Docket No. 18-1281
 
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RE:
Request that the Board reconsider waiving the $480 and $60 campaign finance late fees assessed against Kenneth Charles "Kenny" Bordes, a candidate for State Representative, 93rd Representative District in the March 24, 2018 election, his committee's chairperson, Michael A. Foley and treasurer, Fernando Goitia, whose 2 Special(48 Hour) campaign finance disclosure reports were filed 8 days and 1 day late, respectively.
Facts:
Waiver request


Kenny Bordes states that this was his first time as a candidate for office, as well as his assembled team's first time navigating these issues. He states one of the transactions was an online transaction through the campaign website which, at the time, was difficult to ascertain as to the date of receipt to know when the 48-hour special reporting period began. The other check, which was one day late, he believes was dated one day prior to the day it was deposited, making the report a day late.



Request for reconsideration

Michael Foley, Chairperson for Kenneth Bordes' campaign, states that he did not receive notice that a hearing was to be held regarding the late fees. He states that he would like to appear before the Ethics Board regarding this matter to explain why the reports were filed untimely.




Comments:
ELECTION: March 24, 2018
TYPES OF REPORT: Special (48 Hour)
DAYS LATE: 8 & 1
ASSESSED FEE: $480 & $60
REPORTS DUE: March 12, 2018 and March 19, 2018
REPORTS FILED: March 20, 2018 and March 20, 2018


ACTIVITY REPORTED: Special (8 Days Late) - 3/5/2018 $1,000 contribution from Gary Solomon Jr. and 3/8/2015 $1,000 contribution from Suzanne Alford cont $1,000

Special (1 Day Late) - 3/15/18 $1,000 contribution by M & B Warehouse Properties LLC


OTHER LATE FILINGS: NONE

Law:
18:1505.4.A(1) Any candidate, the treasurer or chairman of a political committee, or any other person required to file any reports under this Chapter, who knowingly fails to file or who knowingly fails to timely file any such reports as are required by this Chapter may be assessed a civil penalty for each day until such report is filed.

18:1484.(2)(b). Each candidate for any other public office shall file reports of contributions in excess of two hundred dollars in the aggregate during the aggregating period. For purposes of this Paragraph only, a contribution by a candidate for his own campaign for a public office other than a major office or district office shall not be considered in determining whether the candidate has received a contribution in excess of two hundred dollars in the aggregate.

18:1495.4C During the period beginning at midnight of the twentieth day prior to a primary election and extending through midnight of primary election day, and during the period beginning at midnight of the twentieth day prior to a general election and extending through midnight of general election day, each candidate shall file a report with the supervisory committee of:

(1)(a) The full name and address of each person from whom the candidate has received and accepted a contribution or loan during such period in excess of the following amounts: a candidate for any major office, one thousand dollars; a candidate for district office, five hundred dollars; a candidate for any other office, two hundred fifty dollars. (b) Such report shall include the amount and date of each such contribution or loan reported, and a brief description and valuation of each in-kind contribution. If a loan is reported, the report shall contain the name and address of the lender, of the recipient of the proceeds of the loan, and of any person who makes any type of security agreement binding himself or his property, directly or indirectly, for the repayment of all or any part of the loan.

(2) Any expenditure in excess of two hundred dollars made to a candidate, committee, or person required to file reports by this Chapter, who makes endorsements, including the full name and address of each person to whom such expenditure is made, the amount, date, and purpose of each such expenditure, and a brief description and valuation of an in-kind expenditure.

(3) Each report required by this Subsection shall be filed within forty-eight hours after the time the contribution or loan is received or expenditure made. If such time falls other than during regular working hours, the report shall be filed as soon as possible after the opening of the office of the supervisory committee on the next working day after the time at which the report is otherwise due.

Recommendations:
Affirm decision to decline to waive for both special reports.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2018-1281 Waiver Request
2018-1281- WR Ltr -Decline- Special (8 Days)
2018-1281- WR Ltr - Decline Special 1-day
2018-1281 Request for reconsideration